Originally posted by nightwatch
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Barclaycard (2)
CSL chasing /Robersway/mkpd
started 1999
ballance £3681.29
defaulted 2002 & 2010 I have written about this but they would not answer last letter in which i pointed out I had proof of 1st default
CCA 2010 they sent a small copy of T&C that they say would have been inforce at time of signing
SAR 2012 sent micofiche copy of agreement bur T&C are illegible and only details of this account.
have sent letter pointing out that I require all info held and an original legible copy of agreement
2013 Default has been removed I contacted experian, with proof of the first default, after no joy from Barcs they said they would contact barcs and let me know the outcome,
still waiting for a reply from experian, but on checking file noticed the account had been removed altogether


08/08/2013 CCA request sent (had to send another as hubby hadn't canceled the payments)
19/08 letter from CSL, until you send the fee we cannot process your request
19/08 letter to CSL, you have had the fee you cashed it on the 15/08 the same date as your letter was typed up. you will not be getting another I suggest your accounting dept has a whip round to replace it. the original request received by you on the 09/08 still stands you have until 23/08 to send CCA or this account is in default.
03/09 still waiting#
04/12 letter from berzeks [19/11] your Barclaycard account has now been passed to Allied International credit [uk] Ltd to manage the collection of the balance outstanding on your account.You should contact AIC as a matter of urgency on 0141xxxxxxx who will discuss with your proposals for repayment of the outstanding balance on your account
long story, go to 1st page to read it all
26/09, letter on Barclaycard headed paper with return address of Bellshill on envelope dated 19/09 they write to inform me that the account was assigned and transferred to MKPD LLP on the 10th Sept so they are now the effective owners,BUT they have appointed MK rapid recoveries as their servicing agents, so, all contact is to be made to MK RR lower down it says I should make payments to MKPD LLP
in the same envelope is a letter on MKPD headed paper telling me that they are the legal owner of the debt due,and how important it is I contact them( upon receipt of the letter) to discuss my options
I must ensure that all future correspondence and payments are sent to MKPD LLP at the address in Milton Keynes, so whats happened to MK RR? which I take it are Milton Keynes Rabid Recovery's
03/10.letter from MKRR dated 30th Sept, further to their recent communication regarding transfer of ownership they have not received my offer of payment.they want to help me and are in a position to help me clear the outstanding balance,BUT... they can only do this after speaking to me. they beg me to call them and discuss ways we can help.they only posted this one 4 days after the first so don't give much time to get back to them, do they?
until they reach an agreement to clear this balance they will continue to contact me by phone or letter so they advise that I contact them to resolve the matter, I take that as a threat of harassment!
06/10 SWID letter to MKRR.
22/10 letter from MKPD (15/10) account on hold while they liaise with the original creditor, they will get back to me. don't rush lad's
30/10 letter from MKPD (27/10) Final Response to my concerns.
They have raised my concerns with Barclays and they have confirmed that they do not have a record of an unresolved dispute on file as this was complied with when? I have only had a minute copy of some T&C that they say would of been in force when the account was opened, CSL never sent me a reply to my CCA request last year but they did cash the payment for it
they continue with what should be provided under S78 CCA ,A copy of the executed agreement (never received) any document referred to in it (er how would you know what was referred to in it, if you have never received it) and a statement of account which they say is; I owe £3,681.29 no breakdown of any payments made.
Due to the current status of my account the full outstanding balance is now due. We are currently unable to provide a copy of the credit agreement. We accept that we are therefore prevented from enforcing the agreement with you while this state of affairs continues.
Notwithstanding that we cannot currently enforce the agreement; our rights continue to exist under the agreement. you should therefore continue to pay the debt that has accrued on your account. We can and will continue to take any action short of enforcement reporting to CRA's and requesting payment from you,they refer to McGuffick v RBS (2009)
They say this completes their obligation under S 78 of the act and they request that I phone them to discuss my account
On this occasion they have been unable to uphold my claim but I do have the right to refer my concern to the FOS within 6 months
20/11 letter form Mkrr(13/11) we have still not received your offer of payment,coz i've not made one we can offer you an instalment arrangement to clear the outstanding balance, £0 a month is fine by me, we can only do this after speaking to you, won't get done then, Please call us to discuss ways we can help, stop asking for money and you won't be disappointed
if you don't contact us we may need to take further action to resolve this, have you read the last letter you sent me?
well since the last letter mkrr have tried to contact me by phone 6 times 3 times in one day on the 28/11 twice yesterday, not checked today's log yet,
now I know that they can make reasonable requests for payment as it is unenforceable till they find any paper work, but I stated quite clearly on the SWID letter i sent to them that I will not discuss any alleged accounts over the phone, all communication is to be in writing, any calls received will be logged by date and time and may be ,indeed in the past have been , used to make a formal complaint of harassment. I think 3 times in one day is harassment,
03/12/14 letter from MKRR dated 28/11/14 ,Please call us to avoid further action, further to our letter offering to help you clear this balance we have not received your offer of payment.not sent one Without your cooperation we cannot offer you any help to reduce this balance and may need to take further action which could involve litigation via the courts to recover this amount. This is something we wish to avoid so please contact us immediately so we can come to an agreement, I have a letter from MKPD that states that they cannot enforce the account as they cannot produce a copy of the agreement, mkrr have phoned 7 times in 3the last days
CSL chasing /Robersway/mkpd
started 1999
ballance £3681.29
defaulted 2002 & 2010 I have written about this but they would not answer last letter in which i pointed out I had proof of 1st default
CCA 2010 they sent a small copy of T&C that they say would have been inforce at time of signing
SAR 2012 sent micofiche copy of agreement bur T&C are illegible and only details of this account.
have sent letter pointing out that I require all info held and an original legible copy of agreement
2013 Default has been removed I contacted experian, with proof of the first default, after no joy from Barcs they said they would contact barcs and let me know the outcome,
still waiting for a reply from experian, but on checking file noticed the account had been removed altogether



08/08/2013 CCA request sent (had to send another as hubby hadn't canceled the payments)
19/08 letter from CSL, until you send the fee we cannot process your request
19/08 letter to CSL, you have had the fee you cashed it on the 15/08 the same date as your letter was typed up. you will not be getting another I suggest your accounting dept has a whip round to replace it. the original request received by you on the 09/08 still stands you have until 23/08 to send CCA or this account is in default.
03/09 still waiting#
04/12 letter from berzeks [19/11] your Barclaycard account has now been passed to Allied International credit [uk] Ltd to manage the collection of the balance outstanding on your account.You should contact AIC as a matter of urgency on 0141xxxxxxx who will discuss with your proposals for repayment of the outstanding balance on your account
long story, go to 1st page to read it all
26/09, letter on Barclaycard headed paper with return address of Bellshill on envelope dated 19/09 they write to inform me that the account was assigned and transferred to MKPD LLP on the 10th Sept so they are now the effective owners,BUT they have appointed MK rapid recoveries as their servicing agents, so, all contact is to be made to MK RR lower down it says I should make payments to MKPD LLP
in the same envelope is a letter on MKPD headed paper telling me that they are the legal owner of the debt due,and how important it is I contact them( upon receipt of the letter) to discuss my options
I must ensure that all future correspondence and payments are sent to MKPD LLP at the address in Milton Keynes, so whats happened to MK RR? which I take it are Milton Keynes Rabid Recovery's
03/10.letter from MKRR dated 30th Sept, further to their recent communication regarding transfer of ownership they have not received my offer of payment.they want to help me and are in a position to help me clear the outstanding balance,BUT... they can only do this after speaking to me. they beg me to call them and discuss ways we can help.they only posted this one 4 days after the first so don't give much time to get back to them, do they?
until they reach an agreement to clear this balance they will continue to contact me by phone or letter so they advise that I contact them to resolve the matter, I take that as a threat of harassment!
06/10 SWID letter to MKRR.
22/10 letter from MKPD (15/10) account on hold while they liaise with the original creditor, they will get back to me. don't rush lad's
30/10 letter from MKPD (27/10) Final Response to my concerns.
They have raised my concerns with Barclays and they have confirmed that they do not have a record of an unresolved dispute on file as this was complied with when? I have only had a minute copy of some T&C that they say would of been in force when the account was opened, CSL never sent me a reply to my CCA request last year but they did cash the payment for it
they continue with what should be provided under S78 CCA ,A copy of the executed agreement (never received) any document referred to in it (er how would you know what was referred to in it, if you have never received it) and a statement of account which they say is; I owe £3,681.29 no breakdown of any payments made.
Due to the current status of my account the full outstanding balance is now due. We are currently unable to provide a copy of the credit agreement. We accept that we are therefore prevented from enforcing the agreement with you while this state of affairs continues.
Notwithstanding that we cannot currently enforce the agreement; our rights continue to exist under the agreement. you should therefore continue to pay the debt that has accrued on your account. We can and will continue to take any action short of enforcement reporting to CRA's and requesting payment from you,they refer to McGuffick v RBS (2009)
They say this completes their obligation under S 78 of the act and they request that I phone them to discuss my account
On this occasion they have been unable to uphold my claim but I do have the right to refer my concern to the FOS within 6 months
20/11 letter form Mkrr(13/11) we have still not received your offer of payment,coz i've not made one we can offer you an instalment arrangement to clear the outstanding balance, £0 a month is fine by me, we can only do this after speaking to you, won't get done then, Please call us to discuss ways we can help, stop asking for money and you won't be disappointed
if you don't contact us we may need to take further action to resolve this, have you read the last letter you sent me?
well since the last letter mkrr have tried to contact me by phone 6 times 3 times in one day on the 28/11 twice yesterday, not checked today's log yet,
now I know that they can make reasonable requests for payment as it is unenforceable till they find any paper work, but I stated quite clearly on the SWID letter i sent to them that I will not discuss any alleged accounts over the phone, all communication is to be in writing, any calls received will be logged by date and time and may be ,indeed in the past have been , used to make a formal complaint of harassment. I think 3 times in one day is harassment,
03/12/14 letter from MKRR dated 28/11/14 ,Please call us to avoid further action, further to our letter offering to help you clear this balance we have not received your offer of payment.not sent one Without your cooperation we cannot offer you any help to reduce this balance and may need to take further action which could involve litigation via the courts to recover this amount. This is something we wish to avoid so please contact us immediately so we can come to an agreement, I have a letter from MKPD that states that they cannot enforce the account as they cannot produce a copy of the agreement, mkrr have phoned 7 times in 3the last days
a, a short note pointing out that compello group have said the account is unenforceable and that although they can ask for payment they cannot make the debtor pay unless the CCA is found
b, threat of Lit, but this is not quite right as the original creditor has not said it is unenforceable only MKPD.
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